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City of South Miami
Regular City Commission Minutes
May 7,2013
A. SILENCE OR TURN OFF ALL CELL PHONES
B. ADD-ON ITEM(S)
C. ROLL CALL
11 The following members of the City Commission were present: Commissioner Harris,
12 Commissioner Welsh, Commissioner Newman, Vice Mayor Liebman, Mayor Stoddard
13
14 Also in attendance were: City Attorney Thomas F. Pepe, Esq., City Manager Steven
15 Alexander, City Clerk Maria M. Menendez, CMe.
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D. MOMENT OF SILENCE
E. PLEDGE OF ALLEGIANCE
F. LOBBYIST(S) ADDRESSING THE CITY COMMISSIOI\I TONIGHT MUST HAVE BEEN
REGISTERED WITHTHE CITY CLERK
G. PRESENTATIONS
ill Gold Award in the Fit Friendly Program to be presented to the Parks and
Recreation Department
hl Recognizing Bike Rodeo Committee Members
.d Municipal Clerks Week Proclamation
H. APPROVAL OF MINUTES
a) Minutes of April 16, 2013
b) Minutes of April 24, 2013
CITY COMMISSION MINUTES
May 7, 2013
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The Minutes of April 16 and 24, 2013 were unanimously approved as presented.
I. CITY MANAGER'S REPORT
6 This is a summary of the City Manager's Report: Awarded Certification to South
7 Miami as Tree City USA; the Sylva Martin project is now complete; letter from the County
8 regarding grants -information regarding this issue will be further explained.
18
K. PUBLIC REMARKS
11
12 The following individuals addressed the Commission: Vicki Richards, Brad Cassel,
13 Antoinette Fischer, Donna Shelley, Amy Nielson, Stan Wood, LouisFerrer, Perry Turner, Dick
14 Ward, Denise Covington, Beth Schwartz, Marice c:hael, John Edward Smith,
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:L. CITY ATTORNEY'S REPORT
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18 This is a summary of the City Attorney's Report of ongoing cases: the YMCA; the
19 Turner & Romine pension; the police chief complaint; filed a motion to dismiss in the SE
20 Investment case; the Carlos Rodriguez case; the SEC matter.
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L.
M. CONSENT AGENDA··
1; A Resolution appointing Bradley Cassel to serve on the Audit Committee for a
twelve month term,or until a·· recommendation is made to the Commission
and the Commission~nters into a contract with one of the recommended
·a~ditors, whichever date is sooner. 3/5
(Cqmmissioner Newman)
28 Moved by Mayor Stoddard, seconded by Commissioner Newman, the motion to
29 approve Resolution No. 86-13:"13904 appointing Bradley Cassel to serve on the Audit
30 Committee, passed by a 5 -0 vote:
31
Yea:
CITY COMMISSION MINUTES
May 7, 2013
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
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Nay: None
2. A Resolution appointing Kate Reilley to serve on the Audit Committee for a
twelve month term, or until a recommendation is made to the Commission
and the Commission enters into a contract with one of the recommended
auditors, whichever date is sooner. 3/5
(Mayor Stoddard)
4 Moved by Mayor Stoddard, seconded by Commissioner Newman, the motion to
5 approve Resolution No. 87-13-13905 appointing Kate Reilley to serve on the Audit Committee,
6 passed by a 5 -0 vote:
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Yea:
Nay:
Commissioner Harris
Commissioner Welsh
Commissioner NewmC:ln
Vice Mayor Liebman'
Mayor Stoddard
None
3. A Resolution of the City. of South Miami supporting the restoration of
America's Everglades. 3/5
(Mayor-Stoddard)
11 Moved by Mayor Sto?dard,}~conded by Commissioner Newman, the motion to
12 approve Resolution No. 88-13::'13906 ()f tne City of South Miami supporting the restoration of
13 America's Everglades,passed by as -0 vote:
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17
Yea:
Nay:
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
4. A Resolution appointing Robert L. Pellegrini to serve on the Green Task Force
for a two-year term ending May 6, 2015. 3/5
(Commissioner Harris)
CITY COMMISSION MINUTES
May 7, 2013
3
1 Moved by Mayor Stoddard, seconded by Commissioner Newman, the motion to
2 approve Resolution No. 89-13-13907 appointing Robert L. Pellegrini to serve on the Green Task
3 Force for a two-year term ending May 6, 2015, passed by a 5 -0 vote:
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5.
Yea:
Nay:
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
A Resolution supporting marriage equality.
(Commissioner Harris & Mayor;:Stoddard)
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3/5
Moved by Mayor Stoddard, seconded byCbromissiorler Newman, the motion to
approve Resolution No. 90-13-13908 supporting marriageeql.,lality, passed by a 5-0 vote:
6.
Yea:
Nay:
. ~ . .
Commissioner Harris·
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
MayorStoddcll'd
None
. .
A Resolution conc;erning an application pursuant to Land Development Code
Section20-4.3(N), requesting~pproval to permit the installation of a banner
over the Pllblic right~of-way at 5880 Sunset Drive to promote an event titled
"25th Annual Twilight SK Walk/Run/' held by Team FootWorks in Downtown
South Miami orrJune 2, 2013. 3/5
(City Manager-Planning & Zoning)
14 Moved by Commissioner Harris, seconded by Commissioner Newman, the motion to
15 approve Resolution No. 91-13-13909 requesting approval to permit the installation of a banner
16 over the public right-of-way at 5880 Sunset Drive to promote the "25th Annual Twilight 5K
17 Walk/Run/' held by Team FootWorks in Downtown South Miami on June 2, 2013, passed by a 5
18 -0 vote:
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Yea:
CITY COMMISSION MINUTES
May 7, 2013
Commissioner Harris
Commissioner Welsh
Commissioner Newman
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Nay:
Vice Mayor Liebman
Mayor Stoddard
None
7. A Resolution declaring that the personal property, described in the attached
list, is "surplus" and authorizing the City Manager to sell the "surplus" items at
auction. 3/5
(City Manager-Central Services)
4 Moved by Mayor Stoddard, seconded by Commissioner Newman, the motion to
5 approve Resolution No. 92-13-13910 declaring that the personal property, described in the
6 attached list, is "surplus" and authorizing the City Manager to sellthe "surplus" items at
7 auction, passed by a 5 -0 vote:
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8.
11
Yea:
Nay,: '
Commissi()ner Harris
Commissioner Welsh
"Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
NOlle
A Resolution a~tfiorizing th;~ .. Ci~Y./ Manag~iitCl execute FY 2013 Community
Developrl1 ent BlotWGrant agre~&ent with Miami-Dade County Public Housing
"and Community ibevelopment;;i(PHCD) for the Marshall Williamson Park
" Improvements ProjeCt rntfi~ Cl!}10Utlt of $115,000. 3/5
(City Manager-Grants)
12 Moved by Mayor Stoddard, seconded by Commissioner Newman, the motion to
13 approve Resolution No. 93-13.;.13911 a~tl1.orizing the City Manager to execute FY 2013
14 Community Development Block Grant agreement with Miami-Dade County Public Housing and
15 Community Development (PHCD) for the Marshall Williamson Park Improvements Project in the
16 amount of $115,000, passed by a 5 -0 vote:
17
Yea:
Nay:
CITY COMMISSION MINUTES
May 7, 2013
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
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9. A Resolution authorizing the City Manager to expend budgeted funds not to
exceed $38,137 for the purchase a new GIS Server and ESRI Software to
maintain and run the City departments' GIS functions.
3/5 (City Manager-Planning & Zoning)
2 Moved by Mayor Stoddard, seconded by Commissioner Newman, the motion to
3 approve Resolution No. 94-13-13912 authorizing the City Manager to expend budgeted funds
4 not to exceed $38,137 for the purchase a new GIS Server and ESRI Software to maintain and
5 run the City departments' GIS functions, passed by a 5 -o vote:
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10.
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Yea:
Nay:
Commissioner Harris
CommissionerWelsh
CommissionerNewman
Vice MayorLiebman
Mayor Stodd.Clrd
None
A Resolution authorizing the City Managerto accept $3,000 donation from
South Miami Hospital and $500 from 1ST National Bank of South Miami for the
2013 Fourth of July celebratory event. 3/5
(City Manager-Special Events/CE)
10 Moved by Mayor Stoddard, seconded by Commissioner Newman, the motion to
11 approve Resolution No. 95-13-13913. authorizing the City Manager to accept $3,000 donation
12 from South Miami Hospitaland $500 from 1ST N~tional Bank of South Miami for the 2013
13 Fourth of July celebratory event, passed byaS -0 vote:
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Yea:
Nay:
N. RESOLUTION(S)
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
11. A Resolution giving six-month notice to City Attorney Thomas F. Pepe, Esq., as
per the terms of his Agreement for Legal Services dated October, 19, 2011.
3/5 (Commissioner Newman)
CITY COMMISSION MINUTES
May 7, 2013
6
1 Moved by Commissioner Newman, seconded by Vice Mayor Liebman, the motion to
2 approve A Resolution giving six-month notice to City Attorney Thomas F. Pepe, Esq., as per the
3 terms of his Agreement for Legal Services dated October, 19, 2011, failed by a 2 -3 vote:
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Yea:
Nay:
Commissioner Newman
Vice Mayor Liebman
Commissioner Harris
Commissioner Welsh
Mayor Stoddard
12. A Resolution relating to City Commission meetings; scheduling the meetings of
June and July 2013.
3/5 (Mayor Stoddard)
8 Moved by Mayor Stoddard, seconded by Commissioner Welsh, the motion to approve
9 as amended Resolution No. 96-13-13914 schedulingthe m~etirigs of June and July 2013, passed
10 by a 5 -0 vote:
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Yea:
Nay:
Commissioner. Harris
Commissioner Welsh
Commissioner-Newman
Vice Mciyor Liebman
Mayor Stoddard
None
13. A Resolution authorizing the City Manager to execute an Offer of Settlement
with the United States Securities and Exchange Commission concerning certain
parking garage related securities law violations and authorizing necessary
actions for implementation of the Order accepting the Offer of Settlement.
3/5 (City Attorney)
(This item was withdrawn)
14. A Resolution authorizing the City Manager to hire outside counsel who
specializes in municipal charters to aid the Charter Review Committee in their
duties. 3/5 (City Attorney)
19 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve
20 Resolution No. 97-13-13915 authorizing the City Manager to hire outside counsel who
CITY COMMISSION MINUTES
May 7, 2013
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1 specializes in municipal charters to aid the Charter Review Committee in their duties, passed by
2 a 5 -0 vote:
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Yea:
Nay:
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
15. A Resolution approving the schematic design plans prepared by Recreational
Design & Construction, Inc. for Murray Park Community Pool and to proceed
with the completion of the construction drawings.
3/5 (City Manager-Public Works)
Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve
RI'lc::nllltinn I\'n QR-1 ~-1 ~Q1 h ::lnnrn\linothl'l c::rhl'lm::ltir nl'lc::ion nbnc:: nrl'ln::lrl'ln h\l Rl'lrrl'l::ltinn::l1 .• _--. __ .-...• -. ----------r-r-'-""'O~"-Y-"-"'--'----'0" r-'-"-r-'-r--'--~1 .. __ . __ .. -.. _.
Design & Construction, Inc. for Murray/Park Community Pool and to proceed with the
completion ofthe construction drawings,passed bya 5 -0 vote:
Yea:
Nay~:
Comrnissione,rHarris
Commissioner Welsh
Commissioner Newman
., Vice Mayor Liebman
Mayor Stoddard
None
13 a) A Resolution authorizing the demolishment of the inspection station located at
14 5890 S.W. 69th Street, South Miami, Florida, in order to make the property usable as a dog park
15 and to prepare it for the eventual sale of the property. 3/5
16 (Commissioner Harris)
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18 The Commission discussed the pros and cons of the proposed resolution; the Mayor
19 was not in favor mainly because it would be something temporary, and he is also in favor of
20 considering changing the zoning to MOU. At the conclusion of the discussion they were all in
21 favor of tabling the item.
22
23 Moved by Commissioner Harris, seconded by Commissioner Welsh, the motion to table
24 A Resolution authorizing the demolishment of the inspection station located at 5890 S.W. 69th
CITY COMMISSION MINUTES
May 7, 2013
8
1 Street, South Miami, Florida, in order to make the property usable as a dog park, passed by a 5
2 -0 vote:
3
4
5
Yea:
Nay:
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
6 b) A Resolution authorizing the City Manager to enter into an Interlocal Agreement
7 with the Village of Pinecrest ("Village") supporting the efforts of the Village in opposing Florida
8 Power & Light's ("FPL") Site Certification Application for Turkey PbintUnits 6 & 7 and the
9 installation of FPL transmission lines on South Dixie Highway through the City of South Miami
10 and the Village of Pinecrest. 3/5
11 (Mayor Stoddard)
12
13 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve
14 Resolution No. 99-13-13917 supporting the efforts ofthe Village in opposing Florida Power &
15 Light's ("FPL") Site Certificatiorl.ApplicationJor Turkey Point Units 6& 7 and the installation of
16 FPL transmission lineson South Dixie Highway through the City of South Miami and the Village
17 of Pinecrest, passed bya 5 -0 vote:·
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Nay:
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
21 c) A Resolution appointing Manny Fernandez to serve on the Audit Committee for a
22 twelve month term or until a recommendation is made to the Commission and the Commission
23 enters into a contract with one of the recommended auditors, whichever date is sooner. 3/5
24 (Commissioner Newman)
25
26 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve
27 Resolution No. 100-13-13918 appointing Manny Fernandez to serve on the Audit Committee,
28 passed by a 5 -0 vote:
CITY COMMISSION MINUTES
May 7, 2013
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Yea:
Nay:
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
O. RESOLUTION{S) PUBLIC HEARING{S)
16. A Resolution relating to the release of a Unity of Title request by Rev. Pansy
Graham} Owner and Senior Pastor of the Higher Praise and Worship Center}
Inc. South Miami Church of God of Prophecy} pursuantto$ection 20-5.16 (e)
of the Land Development Code} for property described as: Lots 1 through 8}
inclusive} and Lots 27 through 30} inclusive} Block A} RESUBDIVISION OF
RI ()rl(C:; :t R. i\ ()J: TI-II= T()\fl/I\I<;ITJ: ()J: 1 ARItII\IC:; "rrr .... rlinrr +" +ho 01..,+ +ho""o,,f 'C>("
...... L-__ ." .......... '-"" -. _. 1111I:--~ .•. "_.,,y,~"_II'-'-"I I-~',\l."~'''-, U"",,,",V,\.A"'5 \.V \.11'-I lUlL \.11'-1 '-VI, U.:;J
recorded in Plat Book 4} Page 1} Public Records of Miami-Dade County} Florida.
3j5{City Attorney)
8 Moved by MayorStoddard, secondeq. by Commissioner Harris} the motion to approve
9 Resolution No. 101-13-13919 a release of a UhityofTitle} pursuant to Section 20-5.16{e) of the
10 Land Development Code; of the property described as: Lots 1 through 8} inclusive} and Lots 27
11 through 30} inclusive} Block A}RESUBDIVISION OF BLOCKS 3 & 4 OF THE TOWNSITE OF LARKINS}
12 accordingto the Plat thereof} as recorded in Plat B()ok 4} Page 1} Public Records of Miami-Dade
13 County, Florida} passed by a 5 -0 vote:
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17
Yea:
Nay:
C()mmissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
17. A Resolution relating to a request pursuant to Section 20-3.4(B){4){b) of the
Land Development Code for Special Use Approval to locate a walk up
restaurant at 5831 Sunset Drive, within the Specially Retail "SR", Hometown
District Overlay "HD-OV" zoning district.
CITY COMMISSION MINUTES
May 7, 2013
3/5 (City Manager-Planning & Zoning)
10
1 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve
2 Resolution No. 102-13-13920 relating to a request for Special Use Approval to locate a walk up
3 restaurant at 5831 Sunset Drive, passed by a 5 -0 vote:
4
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10
12
15
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Yea:
Nay:
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
P. ORDINANCE(S} SECOND READING PUBLIC HEARING(S}
Q.
18. An Ordinance investing authority in the City Manager to amend the City of
South Miami Personnel Rules that are not in conflict with Chapter 16A.
3/5 (Deferred 4-
16-13)
(City Manager)
(This item was withdrawn)
c,: '-'<:'>::;'c"":',
ORDINANCE(!:i} FfRST REAl:>I'NG
19. An Ordinanceame~d'~~ t e Code of Ordinances Section 15-93, titled "Noise-
creating blowers,·· power fans, or internal combustion engines, outdoor
powered tools anciother equipOlent" of the existing noise ordinance. 3/5
(Mayor Stoddard)
This item was withdrawn.
20. An Ordinance amending Section 20-3.3(C)(6) Permitted Use Schedule, of the
Land Development Code; providing for additional ground floor and third floor
uses for certain properties in the "SR -Specialty Retail" zoning district;
providing for severability; providing for ordinances in conflict.
3/5 (City Manager-Planning & Zoning)
20 The Mayor began the discussion by pointing out the problems that the Mall has
21 with access to certain areas which may be the reason for those establishments to close. The
22 Vice Mayor indicated that the Mall is supposed to be for retail; he further argued that the
23 approval of this ordinance should be by a five-fifth vote.
CITY COMMISSION MINUTES
May 7 ( 2013
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2 Attorney Marrero-Priegues representing the applicant addressed the Commission,
3 explaining how the proposed change will impact the rest of the businesses in a positive way by
4 having more people patronizing restaurants and other establishments particularly within the
5 Mall.
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7 Moved by Mayor Stoddard, seconded by Commissioner Welsh, the motion to approve
8 as amended An Ordinance amending Section 20-3.3{C)(6) Permitted Use Schedule, of the·Land
9 Development Code; providing for additional ground floor and third floor uses for certain
10 properties in the "SR -Specialty Retail" zoning district, accepting the three (3)
11 recommendations provided by the Planning Director to be added as (a), (b), and (c) under
12 Section 20-3.3{C) (6), passed by a 4 -1 vote:
13
16
Yea:
Nay:
Commissioner Harris
Commissioner Welsh
Commission~r Newman
Mayor Stoddard
Vice Mayor Liebman
21. An Ordinance providing forthe City of South Miami to approve the donation of
land related to the Murray park Pool project for right of way dedication, by
conveying a 5 foot strip of limd approximatelvl,843 square feet more or less
of swale area along of right of way of SW 68 Street and SW 58 Place SW 57
Avenue in South Miami; Florida.
3/5 (City Manager-Public: Works)
17 Moved by Commissioner Welsh, seconded by Commissioner Harris, the motion to
18 approve An Ordinance providing for the City of South Miami to approve the donation of land
19 related to the Murray park Pool projectfor right of way dedication, by conveying a 5 foot strip
20 of land approximately 1,843 square feet more or less of swale area along of right of way of SW
21 68 Street and SW 58 Place SW 57 Avenue, passed by a 5 -0 vote:
22
Yea:
Nay:
R. ADJOURNMENT
CITY COMMISSION MINUTES
May 7, 2013
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
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Attest
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES
May 7, 2013
13
Approved
Philip K. Stoddard
Mayor